DOJ sues New York as part of broader campaign against blue states’ ICE mask bans

Published June 23, 2026 11:19am ET | Updated June 23, 2026 11:19am ET



The Department of Justice filed a lawsuit against New York on Monday, arguing that the state’s new restrictions on masked federal law enforcement officers are unconstitutional and interfere with federal operations.

The lawsuit is part of a broader Trump administration campaign against Democratic-led states, including New Jersey, California, and Virginia, that have sought to restrict federal immigration officers from wearing face coverings while interacting with the public.

The complaint names the state of New York, Gov. Kathy Hochul (D-NY), New York Attorney General Letitia James, and the assistant attorney general in charge of the Buffalo Regional Office as defendants.

The DOJ’s challenge rests on two primary arguments. First, the department contends that New York’s law violates the Constitution’s Supremacy Clause, which bars states from directly regulating the federal government or discriminating against federal officials carrying out their duties.

“Despite that well-established precedent, New York recently passed bills, which Governor Kathy Hochul signed into law, that purport to do exactly what constitutional law says it cannot: subject federal officers to criminal laws that seek to regulate how those officers carry out their federal duties,” the complaint states. The lawsuit notes that Hochul publicly said the legislation was intended “to hold ICE accountable.”

The department also argued that the law endangers federal officers by exposing them to harassment, doxing, and potential violence. According to the complaint, threatening officers with prosecution for concealing their identities could discourage enforcement actions and compromise sensitive law enforcement operations.

“Law enforcement officers risk their lives every day to keep Americans safe, and they do not deserve to be doxed or harassed simply for carrying out their duties,” Acting Attorney General Todd Blanche said in a statement. “New York’s anti-law enforcement policies regulate the federal government and are designed to create risk for our agents. These laws cannot stand.”

The lawsuit follows the enactment of a package of immigration-related measures included in New York’s fiscal 2027 budget that were designed to curb what state officials describe as aggressive federal immigration enforcement practices.

‘THERE’S A TIME LIMIT’ FOR DEMOCRATIC SOCIALISM: TIANA LOWE DOESCHER

“From day one, I have been clear: Flagrant abuses of power by ICE will not stand in New York,” Hochul said after signing the legislation in May. “That is why we have enacted a comprehensive set of policies to hold ICE accountable, protect the constitutional rights and safety of every New Yorker, and ensure there’s no sanctuary for criminals in our state.”

Under New York law, state, local, and federal law enforcement officers are prohibited from wearing face coverings while interacting with the public, except for necessary tactical equipment, sunglasses, and medical masks. A first willful violation is punishable as an infraction, while subsequent violations can be charged as misdemeanors.